IN THE CASE OF:	   

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120021999 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of the social security number (SSN) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the SSN recorded on his DD Form 214 is incorrectly listed as "0XX-X9-XXX9."  He needs it corrected to show SSN "1XX-X4-XXX4."  He was not aware that he could request this correction.   

3.  The applicant provides copies of his DD Form 214 and a printout from the Social Security Administration.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to 
timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Army Delayed Entry Program (DEP) on 9 March 1979.  He enlisted in the Regular Army (RA) on 5 July 1979.  

3.  His records contain the following documents which list his SSN as
"0XX-X9-XXX9":

* DD Form 1966/1 (Application for Enlistment – Armed Forces of the United States), dated 9 March 1979
* a DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 9 March 1979
* a DA Form 2-1 (Personnel Qualification Record – Part II), prepared on 17 July 1979
* a DD Form 93 (Record of Emergency Data), dated 19 October 1979 
* DD Form 214 that shows he was discharged on 3 March 1980

4.  His records also contain a Standard Form 180 (Request Pertaining to Military Records), dated 24 October 2007, which lists the requested SSN.  

5.  He provides a copy of a printout from the Social Security Administration, dated 18 September 2012, which lists the requested SSN.   

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation established standardized policy for preparation of the DD Form 214.  The instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the DEP and RA in 1979 he recorded his SSN as "0XX-X9-XXX9."  This SSN is listed on his 1980 DD Form 214 and it is consistent with the SSN that he used throughout his period of military service.  He did not use the requested SSN during his military service.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that he now desires to record a different SSN in his service records and on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his military service records which were correct at the time they were prepared.  Therefore, there is an insufficient evidentiary basis to grant him relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________x_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120021999



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ABCMR Record of Proceedings (cont)                                         AR20120021999



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